The leader of the Justice and Construction party, Abdulrazag Elaradi, wrote the following response on his Facebook page as a comment on the statement of Council for Research and Shari’a studies of Dar Al-Ifta in Tripoli.
Elaradi said in his comment:
Last Friday, 4th of Dhu al-Hijjah 1436, 18th of September 2015, the Council for Research and Shari’a studies of Dar Al-Ifta issued a statement about the updates of the political talks. I would like to make remarks about some of the mentioned points, for the purpose of clarification and comment, as I believe that they were based on incompletely accurate and inclusive data.
With the purpose of giving advice to the council, it was more suitable that if it asks the General National Congress to add an adviser specialized in Shari’a sciences to the talks team, so that the council can build a clear image of what is being discussed in the talks.
It also may be appropriate to remind you of, that the council should have accepted the invitation from the United Nations to Dar Al-Ifta to attend the talks’ rounds, so the council’s experience can be well utilized, and its representatives can instantly make their, undoubtedly useful remarks, while drafting the agreement.
It may be also proper for the council to contact with efficient politics and law experts to make its useful remarks more relevant to the topics it comments on from Shari’a point of view. I had some notes through my reading of the council’s last statement about the political agreement draft.
In the first 2 paragraphs of the first point, the council mentioned that, the draft is considered aconstitutional governing document, but it will be this way within the constitutional governing document in addition to the constitutional declaration and its amendments, in case it is signed, approved and adopted.
This means that, the new amendment doesn’t affect the articles of the constitutional declaration and its previous amendments except for what contradicts with the new amendment. So, all the amendments that were issued constitutionally right while not contradicting with the unorganized articles will remain active and untouched.
Also the articles that weren’t reorganized will remain untouched. The new amendments will affect the articles, which were reorganized expressly or impliedly.
Here, we must refer to that the old document, which relates to the source of legislation and was included in the constitutional declaration issued by the transitional council, or the 8th amendment issued by the GNC lately will remain active as long as it was issued constituently right, and text of highness to issue laws and every decision or law opposes it is considered void.
Based on that, the modification of the first article of the 8th amendment issued by the GNC which states that, Libya is a Muslim country and the Islamic sharia is the source legislation that any action or legislation violates its rules is null and void, is still active as long as it was issued constituently.
The council’s statement read; “cancelling all decisions issued by the GNC since August 4th 2014 till their signing date cancels all what the Libyans gained from all came in the 9th amendment about the Islamic Shari’a and invalidating all opposing it”. This isn’t an accurate expression, since article 72 in the draft asserts on cancelling all decisions and laws that oppose the articles of this agreement and its annexes” which means that decisions were issued in a right constitutional will remain.
1- The council said that, “any dispute must be resolved by judges not outside parties”. Article 70 states that, “any legal dispute around the explanation or application of the Libyan political agreement and its annexes shall be moved to a committee headed by a chancellor from the Supreme Court, chosen by the court’s general Assembly and and approved by both sides. The committee includes 2 members from each; the HoR and the state council and chosen by their sides, while UN takes part in the committee as a councillor. The committee makes its decisions by majority vote within a period doesn’t exceed 14 days from submission date. The decisions are public, final, and obligatory.
Here we should refer to that, UNSMIL takes part in the committee as councillor not a member which means that, it participates without voting. This follows what issued by research council of Dar Al-Ifta in 30/6/2015 that, “the non-Muslim helps the Muslims with disputes they, unfortunately, couldn’t dissolve by themselves”. So the participation of the UN as councillor isn’t moving the dispute to outside parties.
2- The council induced, in the fifth paragraph of its statement, “rulers”, the description that applies only on the GNC chief who owns all GNC powers, “to give the responsibility only to who fear God, and not to who publicize their enmity to Allah since it is apostasy, and every Muslim shouldn’t assist it”.
A point should be made clear that, rulers need the constitutional declaration, its amendments, court rulings and a political agreement to sign and commit to.
To avoid any misuse of these words by politicians, the council’s statement should have addressed the Libyan people and especially the Libyan voter that those who oppose Shari’a shouldn’t reach the ruler position, and tell him to try to choose the honest and strong one for this responsibility.
This burden is a heavy one placed by God on the shoulders of scholars to use platforms and media for preaching, guidance, teaching people, and guiding them to carry the responsibility of choosing according to the criteria that brings them the best to represent them.